36C24521B0008_1.docx

36C24521B0008

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24521B0008 X 06-29-2021 613-21-1-653-0003 613-19-100 Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 306A Martinsburg WV 25405 Department of Veterans Affairs

VAMC 613

NCO 5 Contracting Office - Laura Tawzer 510 Butler Ave, Bldg 306A Martinsburg WV 25405

LAURA TAWZER

304-263-0811 X3170 BID ITEM NO. 1, BASE BID: Furnish all labor, tools, material, equipment, and supervision necessary to:

Renovate 3A and 3B of Building 500. Work includes general construction, alterations, necessary removal of existing structures and construction, millwork, permanently mounted equipment, interior finishes and certain other items.

CONSTRUCTION COM

PLETION TIME 540 calendar days from Notice to Proceed (NTP).

ADDITIONAL BID ITEMS 2 THROUGH BID ITEMS 7 ON PAGE 23.

NAICS 236220 SIZE STANDARD: $39.5 MILLION COST R

ANGE: BETWEEN $10 MILLION AND $20 MILLION

A single award will be made on Item No. 1. In the event the offer exceeds the funds available, a single award will be made on Bid Item No. 2, 3, 4, 5, 6, or 7, in that order, based on available funding. Offerors should quote a price on each item listed. Evaluation of bids: Bids shall be evaluated without discussions.

After bid s are publicly opened, an award will be made with reasonable promptness to that responsible bidder, whose bid Conforming to the invitation for bids, will be most advantageous to the Government, considering only bid price and the price related factors included in the invitation.

Award shall not be made until all required approvals have been obtained and the award otherwise conforms to FAR 14-103-2 Notice: Clause 52.222-37 Employment Reports on Disabled Veterans and Veterans is incorpor ated by reference in this solicitation. Public Law (P.L. 105-339), Section 1354 provides that no agency may enter into a contract with a contractor who has not filed a VETS 4212 report for the preceding fiscal year under Title 38 Section 4212(d). Offerors are strongly encouraged to complete this to possibly avoid delays @ https://dol.gov/vets/vets4212.

This is a 100% Service Disabled Veteran Owned Small Business Set-Asid

e. Contractor must be verified in VetBiz to be eligible for award.

PRE-PROPOSAL SITE VISIT IS SCHEDULED FOR WEDNESDAY, JULY 14, 2021 @ 11:00 AM

LOCAL TIME AT THE VAMC MARTINSBURG, 510

BUTLER AVE, MARTINSBURG, WV 25405, 308B CONFERENCE ROOM. SITE VISIT ATTENDANCE IS HIGHLY ENCOURAGED AND RECOMMENDED.

ALL RFIs SHALL BE SUBMITTED I

N WRITING NLT JULY 28, 2021 @ 1:00 PM LOCAL TIME.

AWARD IS SUBJECT TO AVAILABILITY OF FUNDS IAW FAR 52.232-18 AVAILABILITY OF FUNDS.

Contractor is responsible for correct wage titles and compliance with all applicable wage and hours laws.

X 52.211-10 X

13:00 PM

EDT

08-12-2021 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE

NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND

TITLE OF PERSON AUTHORIZED TO SIGN OFFER

20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN

COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

BID ITEM NO. 1 (BASE BID): $________________________________

BID ITEM NO. 2, DEDUCT ALTERNATE 1: $_______________________

BID ITEM NO. 3, DEDUCT ALTERNATE 2: $_______________________

BID ITEM NO. 4, DEDUCT ALTERNATE 3:

BID ITEM NO. 5, DEDUCT ALTERNATE 4: $_______________________

BID ITEM NO. 6, DEDUCT ALTERNATE 5: $_______________________

BID ITEM NO. 7, DEDUCT ALTERNATE 6: $_______________________

Department of Veterans Affairs

VAMC (613)

VISN 5 Contract Satellite Office 510 Butler Avenue, Building 308B Martinsburg WV 25405

PAYMENT WILL BE

MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp http://www.fsc.va.gov/einvoice.asp

TABLE OF CONTENTS

3A SPECIFICATIONS LISTING

Contractor shall be comply with all specs and drawings as listed.

3B SPECIFICATIONS LISTING

36C24521B0008

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

Bidding materials may be obtained at https://www.sam.gov. Contractors are responsible for downloading required documents.

Subcontractors, material firms, and others interested in preparing subbids may view the interested parties list at https://www.sam.gov to obtain a list of organizations, such as Builders Exchanges, Chambers of Commerce, Contractors and others, who have received bidding materials.

A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

If the contract will exceed $100,000.00 (see Far 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and 25A may be obtained upon application to the issuing office.

VERIFICATION OF STATUS OF APPARENTLY SUCCESSFUL OFFEROR: In accordance with VAAR 804.1102 VENDOR INFORMATION PAGES (VIP) DATABASE, prior to January 1, 2012, all VOSBs and SDVOSBs must be listed in the VIP database, available at http://www.VetBiz.gov, and also must be registered in the System Award Management (SAM) (see 48 CFR subpart 4.11) to submit offers and receive contract awards under VA’s Veteran-owned Small Business prime contracting and subcontracting opportunities program set forth in Part 819. After December 31, 2011, all VOSBs, including SDVOSBs, must be listed as verified in the VIP database, and also must be registered in the SAM to be eligible to participate in order to receive new contract awards under this program. SDVOSB Firms that submit bids/offers on SDVOSB/VOSB set-asides that are not listed on VIP will be deemed nonresponsive (IFB) or technically unacceptable (RFP/RFQ).

VETS 4212: Title 38, USC Section 4212(d) and Public Law 105-339, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS 4212 reporting information can be done electronically at: <https://www.dol.gov/vets/vets4212.>. For procurement awards in excess of $30,000, this report MUST be completed and accepted prior to any Federal contract award. Contractor MUST be registered in VETS4212 database prior to contract award.

SYSTEM FOR AWARD MANAGEMENT (SAM): Federal Acquisition Regulations require that federal contractors register in the System for Award Management (SAM) database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Contractor MUST be registered in SAM before contract award.

ADDITIONAL PRIME CONTRACTOR INFORMATION: Safety or Environmental Violations and Experience Modification Rating Information

All Bidders/Offerors shall submit information pertaining to their past Safety and Environmental record. The information must contain a certification that the bidder/offeror has no more than three (3) serious, or one (1) repeat or one (1) willful OSHA or any EPA violation(s) in the past three years. If such certification cannot be made, a Bidder/Offeror shall explain why and submit as much information as possible regarding the circumstances of its past safety and environmental record, including the number of EPA violations and/or the number of serious, repeat, and/or willful OSHA violations, along with a detailed description of those violations.

All Bidders/Offerors shall submit information regarding their current Experience Modification Rate (EMR). This information shall be obtained from the Bidder’s/Offeror’s insurance carrier and be furnished on the insurance carrier’s letterhead. If a Bidder/Offeror’s EMR is above 1.0, Bidder/Offeror must submit a written explanation of the EMR from its insurance carrier furnished on the insurance carrier’s letterhead, describing the reasons for the elevated EMR and the anticipated date the EMR may be reduced to 1.0 or below.

Self-insured contractors or other contractors that cannot provide their EMR rating on insurance letterhead must obtain a rating from the National Council on Compensation Insurance, Inc. (NCCI) by completing/submitting form ERM-6 and providing the rating on letterhead from NCCI. Note: Self-insured contractors or other contractors that cannot provide EMR rating on insurance letterhead from the states or territories of CA, DE, MI, NJ, ND, OH, PA, WA, WY, and PR shall obtain their EMR rating from their state run worker’s compensation insurance rating bureau.

If the NCCI cannot issue an EMR because the Bidder/Offeror lacks insurance history, Bidder/Offeror shall submit a letter indicating so from its insurance carrier furnished on the insurance carrier’s letterhead, and include a letter from the NCCI indicating that is has assigned Bidder/Offeror a Unity Rating of 1.0.

The above information, along with other information obtained from Government systems, such as the OSHA and EPA online inspection history databases, will be used to make an initial Determination of Responsibility.

This requirement is applicable to all subcontracting tiers, and prospective prime contractors are responsible for determining the responsibility of their prospective subcontractors.

REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE SYSTEM (CPARS): As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluations contractor past performance on all contracts that exceed $100,000.00 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, the Contractor performance System (CPS) which is maintained by the National Institutes of Health (NIH). The CPS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies.

Each contractor whose contract award is estimated to exceed $100,000.00 is required to register with the database at the following web address: http://www.cpars.csd.disa.mil/cparsmain.htm. Help in registering can be obtained by contacting CPS Support E-mail or by calling. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and reassign the report to the VA contracting officer.

Failure to have a current registration with the, or to reassign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

CONTRACTOR CERTIFICATION

The Contractor certifies that the Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals;

While performing services for the Department of Veterans Affairs, the Contractor shall not knowingly employ, contract or subcontract with an illegal alien; foreign national non-immigrant who is in violation their status, as a result of their failure to maintain or comply with the terms and conditions of their admission into the United States. Additionally, the Contractor is required to comply with all “E-Verify” requirements consistent with “Executive Order 12989” and any related pertinent Amendments, as well as applicable Federal Acquisition Regulations.

If the Contractor fails to comply with any requirements outlined in the preceding paragraphs or its Agency regulations, the Department of Veterans Affairs may, at its discretion, require that the foreign national who failed to maintain their legal status in the United States or otherwise failed to comply with the requirements of the laws administered by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor, shall be prohibited from working at the Contractor’s place of business that services Department of Veterans Affairs patient referrals; or other place where the Contractor provides services to veterans who have been referred by the Department of Veterans Affairs; and shall form the basis for termination of this contract for breach.

The Contractor agrees to obtain a similar certification from its subcontractors.

Signature: ____________________________________________ Date: ____________________________________________ Typed Name and Title: ___________________________________ Company Name: ______________________________________ This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under 18 U.S.C. 1001.

STATEMENT OF WORK

Bldg 500: Renovate 3A & 3B Project 613-19-100

STATEMENT OF BID ITEM(S)

BID ITEM 1, BASE BID: Contractor shall furnish all labor, tools, material, equipment, and supervision to Renovate 3A and 3B of Building 500 in accordance with SOW, and all applicable drawings and specifications. Work includes general construction, alterations, necessary removal of existing structures and construction, millwork, permanently mounted equipment, interior finishes, and certain other items.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 2, DEDUCT ALTERNATE 1. Perform all work stated in Bid Item 1, except deduct Inpro type cladded wood doors. Change to wood veneer doors with additional stainless steel guards and armor-plating.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 3, DEDUCT ALTERNATE 2. Perform all work stated in Bid Item 2, except deduct all signage.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 4, DEDUCT ALTERNATE 3. Perform all work stated in Bid Item 3, except deduct the Resinous floor in the corridors and install Sheet vinyl All other Resinous flooring remains in Bid Item 3.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 5, DEDUCT ALTERNATE 4. Perform all work stated in Bid Item 4, except deduct Patient Lift motors and Slings. Tracks for the patient lifts are not deducted.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 6, DEDUCT ALTERNATE 5. Perform all work stated in Bid Item 5, except deduct boom support structure and purchase of the boom equipment and replace with head wall system similar to elevation detail shown on sheet 1/AI201 of ‘Renovate 3B – Volume B’. Total quantities of utilities at headwall shall match those shown on booms being deducted as well as those currently shown on headwalls.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

BID ITEM 7, DEDUCT ALTERNATE 6. Perform all work stated in Bid Item 6, except deduct ‘Renovate 3A-Volume A’. This will not include any mechanical, piping and electrical work occurring above ceilings necessary for completion of the ‘Renovate 3B Volume-B’ scope of work.

CONSTRUCTION COMPLETION TIME: 540 Calendar days.

COST RANGE: $10,000,000.00 to $20,000,000.00.

SIZE DETERMINATION: For the purpose of this procurement for construction, a concern is small if its average annual receipts for its preceding 3 fiscal years did not exceed $39.5 million. The NAICS code is 236220.

PARTIAL PAYMENTS will be made monthly as the work progresses.

MINIMUM RATES OF WAGES, required by the Davis Bacon Act (40 U.S.C. 276a), as amended, to be paid the various classes of laborers and mechanics employed on this work are set forth in the specifications.

DOCUMENTS REQUIRED WITH BID PACKAGE:

Completed 1442 – pages 1 & 2 Offer Guarantee/Bid Bond Representations and Certifications Price Proposal with Complete Breakdown Signed Contractor Certification

PRE-CONSTRUCTION CONFERENCE – Upon receipt of Notice of Award and prior to attending the pre-construction conference, the successful bidder shall have completed steps #1 and #2 of the enclosed Security Requirements document. This process includes completion and submission of Security Requirements Form #1 (Background Investigation Request Worksheet) to the VHA Service Center Personnel Security Office. Each contractor’s employee is required to undergo a Special Agreement Check (SAC) background investigation which equates to being fingerprinted. Contractor employees shall complete Security Requirements Form #2 (VHA Special Agreement Checks Memorandum) and follow instructions outlined in step #2 of the attached Security Requirements document to complete fingerprinting process.

Upon successful completion of fingerprinting, all contractor employees will be required to obtain a non-Personal Identity Verification (non-PIV) badge (see step #3 of attached Security Requirements document. Contractor staff working on site will be required to wear the badges at all times while on site. Contractor will be required to immediately notify the Contracting Officer of any changes in staff performing work on site. Upon completion of the contract all identification badges must be returned to the Contracting Officer before final payment can be made.

METRIC PRODUCTS: If a product is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request should be made to the Contracting Officer to determine if the product is acceptable. The Contracting Officer, in concert with the Contracting Officer Technical Representative (COR), will accept or reject the product.

INVOICING: In order to comply with the Improper Payments Elimination Recovery Act of 2010 (IPERA), VA is finalizing actions to mandate electronic invoice submission to the VA Financial Services Center (VAFSC) (reference VAAR clause 852.232-72 in the General Conditions Section of the solicitation). The VAFSC has expanded its electronic invoicing services through OB10 provided solutions. OB10 electronic invoicing services, including mapping/transaction fees, are free to VAFSC vendors. If you are not currently a member of the OB10 network, subscribing is simple. There is no expensive hardware or software to install.

OB10 will handle all of the necessary technical and commercial steps needed to establish your account. If you prefer, feel free to contact OB10 at va.registration@ob10.com or 1-877-752-0900 then select option 2. To contact the Department of Veteran Affairs Financial Service Center (VAFSC) about this request visit http://www.fsc.va.gov/fsc/einvoice.asp or call the FSC e-Invoice Contact Information at (866) 372-1141.

Contractor must provide the Contracting Officer a copy of all invoices at the time they are submitted to Austin, TX.

Class Deviation to VAAR 819.70 Service Disabled Veteran Owned Small Business Acquisition Program - 819.7003 Eligibility.

(a) Eligibility of SDVOSBs and VOSBs continues to be governed by the Small Business Administration regulations, 13 CFR subparts 125.8 through 125.13, as well as the FAR, except where expressly directed otherwise by the VAAR, and 38 CFR verification regulations for SDVOSBs and VOSBs.

(b) At the time of submission of offer, the offeror must represent to the contracting officer that it is a

(1) SDVOSB concern or VOSB concern;

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the acquisition; and

(3) Verified for eligibility in the VIP database.

(c) A joint venture may be considered an SDVOSB or VOSB concern if

(1) At least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in paragraph (b) of this section;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

(3) The joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and

(4) The joint venture meets the requirements of 13 CFR 125.15(b), modified to include veteran-owned small businesses where this CFR section refers to SDVOSB concerns.

(d) Any SDVOSB or VOSB concern (nonmanufacturer) must meet the requirements in FAR 19.102(f) to receive a benefit under this program.

(e) Exceptions: At the time of submission of an offer, previously verified VOSB firms identified by the Center for Veterans Enterprise (CVE) as currently undergoing the VOSB status verification renewal process are eligible for an expedited status review. However, an award shall not be made to the offeror-firm until verification is complete.

Limitations on Subcontracting – Monitoring and Compliance This solicitation includes VAAR clause 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and FAR clause 52.219-14 Limitations of Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor (s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

GENDER: Wherever the masculine gender is used in the solicitation and contract documents, it shall be considered to include both masculine and feminine.

WORK HOURS: Normal work hours are defined as Monday-Friday, 8:00am-4:30pm local time, excluding weekends and National holidays and any other day specifically declared by the President of the United States to be a National Holiday.

NOTE: FEDERAL HOLIDAYS: The ten holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Veterans Day, and Christmas Day.

INDEMNIFICATION: The Contractor shall be liable for, and shall indemnify and hold harmless the Government against, all actions or claims for loss of or damage to property or the injury or death of person(s), resulting from the fault, negligence, or wrongful act or omission of the Contractor, its agents, or employees.

SECURITY REQUIREMENTS

Special Agreement Checks (SAC) and issuance of Non-Personnel Identification Verification (Non- PIV) security badges for Contractor and Subcontractor Employees performing work under the contract.

All contractor employees who have access to VA sensitive information are subject to the same level of investigation as VA employees. Through the use of Appendix A of VA Handbook 6500.6, it has been determined that performance of this Construction requirement does not require any access to the VA Information Technology network; therefore; the inclusion of VAAR Security Clause 852.273-75 is not required.

The level of background investigation commensurate with the level of access needed to perform the statement of work for this Construction requirement is a Special Agreement Check (SAC) investigation, which equates to fingerprinting. This level of investigation requires all contractor and subcontractor employees performing work under this requirement to be fingerprinted and to be issued an appropriate security badge.

The Contractor is responsible for bearing the expense of all employee background investigations initiated, regardless of the final adjudication determination. The VA facility will pay for investigations conducted by the Office of Personnel Management (OPM); however, the General/Prime Contractor is responsible for reimbursing the VA. The following are estimated costs for each of the potential risk level background investigations.

Where this guidance refers to “contractor employees” it is inclusive of all “subcontractor employees” performing under this contract as well.

CONTRACTOR: Upon receipt of Notice of Award, Contractor shall comply with the following processes in order to be in compliance with contract security requirements.

SPECIAL AGREEMENT CHECKS (SAC) AND NON-PERSONAL IDENTITY VERIFICATION – PIV (Security Badge) INSTRUCTIONS

1. Contractor POC will complete the Background Request Worksheet (Form #1) in its entirety, listing all employees that will be performing work under the construction requirement portion of this Construction project. Once completed, this form shall be submitted to the VHA Service Center (VSC) Personnel Security Office via password protected or encrypted email to VSCSecurity@va.gov or faxed to (216)447-8020.

NOTE: Due to the personal information contained in the Background Investigation Request Worksheet, the worksheet must be sent in a secure manner. Please DO NOT email a document containing social security numbers unless the email is encrypted.

Process that occurs after VSC receives Form #1 for processing: Within five business days of receiving the Background Investigation Request Worksheet, the VSC Personnel Security Office will enter a background investigation request into the VA Security Investigation Center (SIC) Contractor Request Database (CRD) for each contractor employee. When the request is entered, an automated “initial” e-mail is sent to the contractor point of contact listed on the Background Investigation Request Worksheet. The automated e-mail identifies the background investigation level requested (SAC) and provides a website link with further instructions.

If a contractor employee has a background investigation from another federal agency, it may be reciprocated as long as the background investigation meets the appropriate level designated in the current statement of work and has occurred within the last five years with a favorable adjudication and no break in service. Please be aware that any public trust case that is older than two years and does not have a favorable adjudication cannot be reciprocated unless it was a no issue case.

VSC Personnel Security Office staff will coordinate with the VA Security and Investigations Center (SIC) staff to verify reciprocity. If the contractor employee receives the automated email from the VA SIC CRD and believes he/she may be eligible for reciprocity, please contact the VA SIC using the contact information in the e-mail received. Reciprocity is NOT automatic. If a background investigation can be reciprocated, the VA SIC will send an email notification to the contractor.

Note: If contract personnel need to be added to perform work under this contract after the original Background Investigation Request Worksheet (Form #1) has been submitted, Contractor must update and submit another Background Investigation Request Worksheet (Form #1) to the VSC Personnel Security Office so that a background investigation can be initiated on each contract personnel added. When completing Form #1 for the additional contract employee, indicate next to the purchase order number field on Form #1 that this is an ADDITION.

The additional contract employee cannot start work until all security requirements outlined in this guidance are completed.

1. All contractor employees are required to be fingerprinted as part of the Special Agreement Check (SAC) requirement. Within five business days of Contractor receiving Notice of Award, each contract employee listed on Form #1 must take the VHA Special Agreement Checks (SAC) Memorandum (Form #2) and two forms of ID to their nearest VA facility to have their fingerprints submitted and the bottom portion of Form #2 completed by a fingerprinting official. Appointments for fingerprints should be made through the Contracting Officer Technical Representative or the local VA facility. Completed SAC forms shall be faxed or mailed directly to the VSC Personnel Security Office the same day the contractor employee is fingerprinted. Forms can be faxed or mailed directly to:

Personnel Security Office VHA Service Center (VSC) 6100 Oak Tree Blvd #500 Independence, Ohio 44131 Fax: (216) 447-8025 VSCSecurity@va.gov

Contractor shall inform the Contracting Officer Technical Representative (COR)/Contracting Officer when fingerprinting has been completed for each contract employee.

1. Each individual working on the contract or the contractor POC shall complete the VHA Service Center PIV Sponsorship Worksheet (Form #3) for each employee, in its entirety, and return to VSC Security Office as soon as possible, either via fax, encrypted email or password protected documents. Upon receipt of this form and final results of fingerprinting confirmation, the VHA Security Service Center will send an email notification to the Contractors point of contact and the Contracting Officer authoring contract employees to proceed with obtaining their required non-PIV security badge.

NOTE: No Notice to Proceed will be issued until the fingerprinting requirement (SAC) has been met and the VHA Service Center PIV Sponsorship Worksheet (Form #3) has been forwarded and processed through the VSC Personnel Security Office.

Security badges can and should be obtained at any VA Facility. Contact your Contracting Officer for a listing of all of the VA facility locations for fingerprinting and issuance of security badges. The same badge will be valid at all VA facilities throughout the contract period.

IMPORTANT points for Contract Employees to follow for obtaining non-PIV badges:

2. Contract employees shall work with the COR or PIV Office at the VA facility to verify the physical location of the PIV Point of Contact (POC). Contract employees shall call ahead to make an appointment with the VA facility PIV office.

2. Contract employees shall make sure they have two (2) forms of identification with them.

2. Contract employees shall inform the COR when badges have been received.

Your security badge must be displayed in accordance with the local VA directives (must be visible at all times while working at any VA facility).

In the event of a lost badge, contract employees must immediately contact their supervisor who in turn shall contact the COR. They must also contact the VHA Service Center (VSC), Personnel Security Service, and the local PIV office to report the loss.

1. These security badges are the Property of the United States Government; Contractor is REQUIRED to turn in all security badges at the last campus where work has been performed. After completion of the project, Contractor shall complete the Contractor Turn-In Inventory Report (Form #4) to verify that all badges have been collected and turned in to be destroyed. Any failure to collect, record and return security badges at the end of the contract performance period could result in a Poor Contractor Performance Rating in the Contractor Performance Assessment Rating System (CPARS).

VA CARD TYPES AND REQUIREMENTS

The PIV Card is issued to VA Applicants who require unsupervised, full-time, logical and/or physical access for a continuous period more than six months or 180 aggregated days in a one year period. In accordance with OMB Directive M-05-24, the physical access requirement includes VA or other federally owned or leased space, whether for single or multi-tenant occupancy, and its grounds and approaches, all or any portion of which is under the jurisdiction, custody, or control or the VA or other Federal agency.

In addition, FIPS 201, along with OPM regulations (Title 5 Code of Federal Regulations, Parts 731 and 732), and Executive Order 10450, Security Requirements for Government Employment, provide that all federally employed personnel are subject to a background investigation. According to FIPS 201, the minimum requirement to be issued a PIV badge is a successfully adjudicated Special Agreement Check (SAC) and an initiated National Agency Check with Written Inquiries (NACI).

The determining factor as to the type of card issued is an examination of an Applicant’s access requirements. Factors to consider are the duration of access and access to sensitive data, information systems, and restricted areas. The card type issued is decided independent of VA employment position (Employee, contractor, or affiliate) or job description.

There are individuals in the VA organization that will not qualify for the PIV card and will therefore be issued a Non-PIV card. Non-PIV Card Holders typically are employed for less than 6 months but still may have access requirements to VA facilities, sensitive data, and/or information systems in the course of their daily work. The Non-PIV Card will have a physical topography that is visually distinguishable from the PIV card.

One variation of a Non-PIV card is the Flash Badge. The Flash Badge allows only common physical access to VA grounds and facilities. The Flash Badge requires the Applicant to present only one issued photo ID and does not require a SAC/NACI or higher level background investigation. The Flash Badge will appear topographically different from both the PIV and Non-PIV cards described above. The Flash Badge may be issued with an expiration date of up to one year. Issuance of a Flash Badge without a photo ID is optional at the discretion of the PCI Manager.

The following information describes the criteria for Applicants (employee, contractor, or affiliate) who will receive a PIV card, a Non-PIV card, or a Flash Badge. The criteria are based on the card Applicant's access requirements for physical and/or logical VA resources, as determined by the Applicant's job duties and/or employment duration. Specific background investigation and access requirements are identified for each of the types of ID cards.

PIV Card Access Requirements: Unsupervised, full-time, logical and/or physical access for more than 6 months OR more than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion and NACI initiation

Non-PIV Card Access Requirement: Unsupervised, logical and/or physical access for less than 6 months OR less than 180 aggregate days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: Two IDs compliant with PIV Guidelines Background Investigation Requirements: Favorable SAC completion

Flash Badge Access Requirement: Common physical access ONLY for less than 6 months OR less than 180 aggregated days in a one year period. (IAW OMB M-05-24, VA Directive 0710, and Draft VA Handbook 0735) ID Requirements: One ID compliant with PIV Guidelines Background Investigation Requirements: None

The following table is a matrix that depicts access and processing requirements for PIV, Non-PIV and Flash Badge card types:

Table 1: Card Access and Process Requirements

More than 6 months or more than 180 aggregate days in a one year period

Less than 6 months or less than 180 aggregate days in a one year period

Common physical access only for less than 6 months or less than 180 aggregate days in a one year period

See Attachment for Security Forms

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs

VAMC (613)

Construction Chief, Contracting 510 Butler Ave, Building 306A Martinsburg WV 25405 Mailing Address:

Department of Veterans Affairs

VAMC (613)

Construction Branch Chief, Contracting 510 Butler Ave Bldg 306A Martinsburg WV 25405

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for— July 14, 2021 at 11am

(c) Participants will meet at— Bldg 308B (End of Provision)

2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Provision)

2.6 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

2.8 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019) Offerors shall include a Sustainable Acquisition Plan in their technical proposals. The plan must describe the approach and quality assurance mechanisms for applying FAR subpart 23.1, Sustainable Acquisition Policy and other Federal laws, regulations and Executive Orders governing sustainable acquisition. The plan shall clearly identify those products and services included in the proposal.

(End of Provision)

2.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process.